Legal Opinion

Grand Rapids & Indiana Railway Co. v. Village of Morley

Michigan Supreme Court

Decided May 8, 1911No. Docket No. 18Published

Certiorari to Mecosta; Withey, J., presiding. Case by the Grand Rapids & Indiana Railway Company against the village of Morley and William Hugh, Sr., for damming a stream and negligently permitting the waters to break away and flood plaintiff’s right of way. An order overruling a demurrer of the defendant village is reviewed by defendant on certiorari.

1Opinion of the CourtStone, J.

This case is here on certiorari issued on ap' *67plication of the village of Morley to review the order of the circuit judge overruling the demurrer of the village to the declaration in an action on the case against said village and William Hugh, Sr., to recover damages for alleged injuries to the property of the plaintiff caused by the breaking away of the water of a stream called the Little Muskegon river, which was confined in a pond by an embankment claimed to have been constructed by the defendants on the line of a public street in the village of Morley. The declaration covers 34 pages of…

2Cases cited29 opinions

  1. Ashley v. City of Port HuronMichigan Supreme Court · 1877
  2. Malloy v. Township of WalkerMichigan Supreme Court · 1889
  3. Ferris v. Board of EducationMichigan Supreme Court · 1899
  4. Burford v. City of Grand RapidsMichigan Supreme Court · 1884
  5. Sheldon v. Village of KalamazooMichigan Supreme Court · 1872

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